Alimony is a payment one spouse gives to the other during divorce proceedings or for a set period of time after the divorce is finalized. Most alimony is temporary and ends when the receiving spouse can independently support themselves. However, sometimes alimony is awarded to a former spouse until a court deems it unnecessary. Factors of Permanent Alimony Permanent alimony is primarily awarded ...
The state of Florida recognizes several forms of alimony payment options; one of the most common is durational alimony. Durational alimony provides one former spouse with economic assistance for a period of time; the length of time the payments are granted can’t exceed the length of the marriage. When Is Durational Alimony Granted? Durational alimony is designed to assist the lesser-earning spouse ...
Every state has its own way of handling adultery in a divorce. Some states, such as California, have little to no interest in marital misconduct unless it involved domestic violence or the wasteful dissipation of marital assets; for example, a cheating husband using marital assets to take his girlfriend on a lavish vacation. Other states are interested in hearing about an affair and may use it as ...
If a married woman gives birth to a child in the state of Florida, her husband is automatically assumed to be the biological father. How can a man establish paternity when he isn’t married to the mother? Legal Father vs. Biological Father It’s a misconception that if a man has been added to a child’s birth certificate he is automatically and irreversibly the legal father of the child. A father’s ...
No rational person believes that domestic violence should go unpunished. Abuse between partners and spouses is a terrible thing, and deserves to be prosecuted to the fullest extent of the law. Yet what if you have been accused without committing the crime? In the state of Florida, a conviction for domestic battery can have serious consequences on virtually every aspect of your life. If your ...
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Any number of serious circumstances can justify pursuing temporary custody of a child, pending a final resolution. While emergency relief is fairly rare, it’s important to pursue if your child is in imminent danger from an immediate threat. Here’s what you need to know about emergency custody hearings. Emergency Custody Hearing In order to get an emergency custody hearing, you must petition the ...
Every state in the U.S. classifies crimes into one of two categories: misdemeanors and felonies. Within these categories, there are subcategories based on the severity of the crime. Types of Misdemeanor Offenses A misdemeanor offense is generally classified as a ‘crime of mischief’ or an incident where there is a lack of violence. Examples of misdemeanor crimes include: petit theft; DUI; ...
Robbery vs Burglary Many people use "burglary" and "robbery" interchangeably when speaking about a theft crime, however, they are actually different crimes. Robbery refers to the act of theft while using force or the threat of force. Whereas burglary refers to when a person enters a building with the intention of committing a crime. Burglary A burglary happens when a person enters a home, ...
Anyone can make a bad decision and end up with a criminal record; even a small infraction can stay on your record for the rest of your life. This can create problems when you look for employment, a place to live, or even register for higher education. However, there are a few ways to have your record sealed or expunged. When a record is sealed, it is restricted from public view; only a certain ...
When it comes to divorce, Florida is a ‘no-fault’ state. This means that either party can begin the divorce process without providing a reason. However, issues can arise if there is a disagreement on whether the divorce should occur in the first place. Uncontested Divorce An uncontested divorce is when both parties agree on all important issues affecting life after the marriage is dissolved. These ...
If you believe the terms of your divorce are unfair or were created in error, you may be able to get a modification from the court. Popular reasons people seek divorce modifications are changes in situations that effect: child support; alimony; child visitation; and/ or child custody. Modifications and Changed Circumstances There must be a substantial change in a person’s circumstances to warrant ...
Every state has its own way of handling adultery in a divorce. Some states, such as California, have little to no interest in marital misconduct unless it involved domestic violence or the wasteful dissipation of marital assets; for example, a cheating husband using marital assets to take his girlfriend on a lavish vacation. Other states are interested in hearing about an affair and may use it as ...
A restraining order (or order of protection) is a legal document that restricts or prevents one person from contacting another. The duration and type of restraining order will vary by situation. A restraining order can: encourage the police, school officials, or other authorities to help protect you from an abusive person; provide emotional and physical protection (for example, you can call the ...
Domestic violence affects all types of families – not just the ones plagued by poverty or a lack of education. Research has found that domestic violence (e.g. spousal abuse and child abuse) is closely linked to a history of domestic violence in the family and substance abuse. So, it affects all types of families, including the highly-educated or extremely wealthy. Often, abusers were victims of ...
Prescription fraud is when a person intentionally uses falsity or deception to gain a prescription drug. Doctors and pharmacists can be found guilty of prescription fraud if they prescribe or issue drugs to people without legitimate medical conditions. Florida’s prescription drug fraud laws consider the following as illicit activities: altering prescriptions; attempting to fill the same ...
Across the country, there has been a lot happening in regard to marijuana reform. Some states, such as California, Colorado, and Nevada, have virtually decriminalized marijuana possession for recreational use. However, just because some states are decriminalizing pot and edibles, that doesn’t mean it’s legal in all states. Florida, along with states, such as Arizona, Texas, and Utah, still has ...
In all 50 states, it’s against the law to drive a vehicle while under the influence (DUI) of alcohol, illegal drugs, and even lawfully prescribed medications. While it’s illegal to drive with a blood alcohol level (BAL) of .08% or above, a lot of Floridians don’t realize that they can actually be arrested for, and convicted of DUI if their BAL is under the .08% legal limit. All that the state has ...
Drunk driving is a serious offense that is not treated lightly and, to discourage motorists from engaging in this dangerous behavior, DUI checkpoints are often set up in an attempt to keep impaired drivers off the road. Regardless if you have been drinking or not, being stopped at one of these checkpoints can be an intimidating experience and, if you are unaware of your rights, you might end up ...
If a married woman gives birth to a child in the state of Florida, her husband is automatically assumed to be the biological father. How can a man establish paternity when he isn’t married to the mother? Legal Father vs. Biological Father It’s a misconception that if a man has been added to a child’s birth certificate he is automatically and irreversibly the legal father of the child. A father’s ...
As opposed to most states in the U.S., Florida has a unique way of dealing with marriage annulments. No official laws govern or address annulments, but Florida’s higher courts have issued precedent decisions. These decisions make up Florida’s annulment laws and, while possible to be granted an annulment in Florida, it’s unusual and can be quite difficult. Void vs. Voidable Marriages In order to ...
While restraining orders are commonly thought of as a last step which should only be taken after you have exhausted all other options, filing a restraining order sooner rather than later may actually be one of the smartest things you ever do. Although we all enter into marriages and relationships hoping and believing the person we have chosen to share our life with is kind and would never harm us, ...
Tinny, Meyer & Piccarreto, P.A. is a firm started by two former prosecutors with extensive legal experience on both sides of the courtroom. The firm has more than 35 years of combined legal experience to offer people accused of crimes or who have need of legal services for their families. Our law firm is local, and we are dedicated to serving the interests of the people of the Tampa Bay Area. The ...
Across the country, there has been a lot happening in regard to marijuana reform. Some states, such as California, Colorado, and Nevada, have virtually decriminalized marijuana possession for recreational use. However, just because some states are decriminalizing pot and edibles, that doesn’t mean it’s legal in all states. Florida, along with states, such as Arizona, Texas, and Utah, still has ...
It can be difficult for an unwed father to claim a child as their own, especially if they are not on the best of terms with the mother. The question on the minds of many fathers-to-be is: What rights do I have to my unborn child? It’s important for men in this situation to know the following: the majority of rights concerning a pregnancy are awarded to the woman carrying the child; pregnancy is ...
